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Healthcare company unable to overturn patent settlement, judge rules – Law360

By Adam Lidgett (September 13, 2022, 5:02 p.m. EDT) – A Pennsylvania federal judge has for now dismissed Baxter International Inc.’s lawsuit saying it was deceived when it signed an agreement to settle a lawsuit in separate patent infringement against B Braun, but gave way to an amended complaint.

U.S. District Judge Jeffrey L. Schmehl on Monday dismissed the lawsuit saying B. Braun fraudulently convinced Baxter Healthcare Corp. and Gambro Lundia AB to settle their patent dispute over a medical device by B. Braun to treat acute kidney injury.

The alleged fraud is prohibited by a provision in the settlement itself which was called a non-dependency clause, which “is a…

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